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HomeMy WebLinkAbout02/17/1998 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL FEBRUARY 17,1998 PLACE AND DATE Marana Town Hall, February 17, 1998 I. CALL TO ORDER By Mayor Ora Harn at 7:05 P.M. ll. PLEDGE OF ALLEGIANCE Led by Mayor Ora Harn III. INVOCATION Led by Mike Reuwsaat IV. ROLL CALL COUNCIL Ora Harn Mayor Bobby Sutton, Jr. Vice Mayor Ed Honea Council Member Herb Kai Council Member Sherry Millner Council Member, excused late Michael Reuwsaat Council Member Roxanne Ziegler Council Member STAFF Hurvie Davis Town Manager Michael Hein Assistant Town Manager Jocelyn Entz Asst. to Town Manager Dan Hochuli Town Attorney Sandy Groseclose Town Clerk Diane Mangialardi Deputy Town Clerk Brad DeSpain Utilities Director Jerry Flannery Planning Director/Annexing Dick Gear Annexation Coordinator V. APPROVAL OF AGENDA A motion was made by Mike Reuwsaat, seconded by Ed Honea, to approve the agenda, as written. The motion carried 6/0. VI. ACCEPTANCE OF MINUTES A motion was made by Mike Reuwsaat, seconded by Herb Kai, to accept the minutes of Regular Council Meeting, February 3, 1998. The motion carried 6/0. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Jocelyn Entz: It has been my pleasure, at the suggestion of Mr. Davis last year, that we follow up on getting involved in some regional activities to promote the image of the Town and get some more visibility. We budgeted, last year, to fund a float for the Tucson Rodeo Parade. We are doing that this year in conjunction with the Marana High School AG Department. I have been working with Mr. Ted MINUTESOFREGULAR COUNCIL MEETING MARANA TOWN COUNCIL FEBRUARY 17,1998 DeSpain and about 12 students over there. They are very excited and have a wonderful float. I strongly recommend that if you had not intended to go to the parade you do go and see what we have done. If not, we hope to get an entry into the Founder's Day Parade. We will need to find a cart and horses, or some other method of pulling a cart, so they can put their creative float together for Founder's Day. If you attend the parade, look for the Town of Marana/Marana High School float. Thank you. Ed Honea: Tomorrow is the monthly Chamber Luncheon. The State Mine Inspector is going to be the guest speaker. Then there is going to be a tour of the Portland Cement facility. The dinner is going to be at Portland Cement. It should be very entertaining. Mayor Harn: Sharon Bronson has asked us to help her have a Town Hall meeting here in Marana. I assume that is in the Council Chambers ("Yes it is"), on March 11th at 7:00 PM. This is the first time we have had a member of the Board of Supervisors come out to Marana and do a "Town Hall." I would suggest you get together with your neighbors and come out and really support this. I really appreciate Supervisor Bronson making this effort to come into our community. Please, let's support her when she comes on March 11th. Another thing I would like to bring to the Council's attention is that I have been working on an award to bring to the Council. The City of Tucson has a copper letter that they give out as an award to people who have done something special for the City of Tucson. I have been working on a project with the staff to try to bring something innovative to the Town of Marana. The staff and I have put together what we call the Marana Cotton Sampler Award. Samplers were little of pieces of art that women used to make, in the older days, to show their expertise in certain things, especially embroidery. They would hang them on the wall as part of their first home. I thought we would call our letter a sampler instead of a letter. That is open to any of your decisions, as to what you would like to do. Here is what we have come up with, I want to show the audience. We will have a cholla stick at the top and bottom with a rope to hang it by. We will then put the date, the Mayor's signature and the Clerk's signature. The name of the person receiving the award will be put up at the top. I am going to suggested we do a cotton blossom down in the corner. We may have to put "cotton blossom" on there because people may not recognize a cotton blossom. We have been working on this and I wanted to bring it to the Council's attention. It is not a finished product, yet, and is still open for some suggestions and ideas that you might have. I think it is an innovative way to express our appreciation and have something that is really attractive so when we give it to someone they will feel proud about having it and hanging it in their office. I think the word "Marana" needs to be a little more centered. If you have any suggestions or concerns from the Council, I would be glad to hear them. This will cost approximately $13.00, maybe a little more, and we can not buy a plaque for that. With the permission of the Council, I would like to give the first award to a group of ladies who worked in our community many years back. They were called the Cotton Blossoms and they were the wives of the many ranchers who settled our community, the founders of our community. The Cotton Blossoms had a little club and they raised money for all sorts of territorial projects in the community. With your permission, I would like to have this completed and have the first Cotton Sampler given to the Cotton Blossoms at Founder's Day. We are trying 2 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL FEBRUARY 17,1998' to get them all together and get them out at Founder's Day. Many of them are not around any more, maybe some are here, though. VIII. STAFF REPORTS No action taken. IX. GENERAL ORDER OF BUSINESS A. Consent 1. Arizona Criminal Justice Commission - Marana Municipal Court Grant Application Request 2. Resolution No. 98-12, The Bluffs at RedHawk - Request for Approval of a 122 Lot Single Family Detached Home Subdivision Final Plat on 47.9 Acres Located at the Northeast Corner of Dove Mountain Boulevard and Moore Road in the South '/z of Section 25, Township 11 South, Range 12 East. Property Owner/Applicant is Cottonwood Properties, Inc. 3567 E. Sunrise Drive #219, Tucson, Arizona 85718 3. Resolution No. 98-14; Continental Ranch Parcels 38 & 40 North and South, Phase I - Request for Approval of a 97 Lot Single Family Detached Home Subdivision Final Plat on 24.23 Acres Located in a Portion of the South % of Section 16 and the North '/z of Section 21, Township 12 South, Range 12 East. Property Owner/Applicant is Del Webb's Coventry Homes Construction of Tucson, 1565 E. Rancho Vistoso Boulevard, Oro Valley, Arizona 85737 4. Resolution No. 98-13; Continental Ranch Sunflower Phase II - Request for Approval of a 134 Lot Single Family Detached Home Subdivision Final Plat on 32.99 Acres Located in a Portion of the Southwest '/4 of Section 16, Township 12 East. Property Owner/Applicant is Del Webb's Coventry Homes Construction of Tucson, 1565 E. Rancho Vistoso Boulevard, Oro Valley, Arizona 85737 5. Resolution No. 98-15; Gallery Golf Course Maintenance Facility - Request for Approval of a Development Plan for the Maintenance Facility of the Gallery Golf Course Located South of Dove Mountain Boulevard in the South '/2 of the Northwest '/4 of Section 24, Township 11 South, Range 12 East. Applicant is Palo Verde Partners, 5141 N. 40th St. #200, Phoenix, AZ 85018 A motion was made by Vice Mayor Sutton, seconded by Ed Honea, to approve the Consent Agenda, as written. Motion carried 6/0. B. PUBLIC HEARING; Resolution No. 98-17; Cellular One Conditional Use Permit - Request by Cellular One for a Conditional Use Permit to Allow a 150 foot Lattice Tower in Conjunction with a Mobile Telephone Switching Office (MTSO) on Property Located East of 1-10, West of Thornydale Road, and North of Orange Grove Road in the Southwest '/4 of the Southeast '/4, of Section 6, Township 13 South, Range 13 East, Assessor's Parcel Number 101-05-026L. Applicant is Cellular One, 988 S. Cherry Avenue, Tucson, AZ 85719 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL FEBRUARY 17,1998 Assessor's Parcel Number 101-05-026L. Applicant is Cellular One, 988 S. Cherry Avenue, Tucson, AZ 85719 Jerry Flannery: This is a Public Hearing and the applicant is, I believe, in the audience. Per our new Cellular Tower Code, recently approved by the Council, this type of issue must come before the Planning Commission and the Town Council. This is a 150 foot tower and located directly behind the PetsMart by Costco and the Practice Tee. It is located closer to the freeway so it does not obstruct any views. There is a major facility that Cellular One is planning at this location. It consists of a 15,000 square foot masonry building, a mobile telephone switching office and the cellular tower. The cellular tower does require the CUP and, therefore, this was processed through the Planning Commission on January 14, 1998, and is here tonight for approval and action. There were no comments from the public. Mayor Harn: We will now close the Public Hearing. Vice Mayor Sutton: Jerry, I have a couple of questions and you can give me your best guestimates. How tall are the current lighting structures at the Practice Tee? Jerry Flannery: I believe those poles are approximately 65 feet high. Vice Mayor Sutton: The existing telephone and electric poles are around the same height? Jerry Flannery: The T.E.P. major line that runs along there, I believe, is higher than that. I think it 150-200 feet, or in that area. Vice Mayor Sutton: This would not be anything that would be standing out above anything that is currently there. I know it is a good site, I just don't want something sticking up that is taller than everything around it. Jerry Flannery: You will certainly notice it, however, it is in an industrial zone. The uses are permitted in the industrial zone, and, through the conditional use permit process, this is allowed. It will be noticeable but it will not stick out any more than the T.E.P. lines that run along the freeway. There are several big billboards in the area, as well. Vice Mayor Sutton: Do you know what height the billboards run? Jerry Flannery: Billboards usually run between 50 and 65 feet. Herb Kai: Gary, you described this lattice tower, do have any photos so Council could see what it looks like? Are there antennas on top or microwave dishes? 4 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL FEBRUARY 1'7, 1998 boom type equipment on top. There is staff here that may have more specifics. Larry Hughes, Director of Engineering, Cellular One, 2125 E. Adams, Phoenix, AZ: I thought that we had submitted some photo samples to the staff, I was just checking with my associate and we did not bring any others with us. I can paint a mental picture. It is a basic 3 -legged lattice tower, not unlike some of the others you have seen in the community. It is gray in color and matches the utility poles that go through there. Herb Kai: Are utility poles gray or off -green? If they could match the utility poles in color then it definitely would not stand out. Larry Hughes: I certainly have no opposition to that, if you want to paint them. As the staff noted, this is going to be the main hub of our communication system. It is the brains of our system down here. We will be relocating it from downtown Tucson. It represents a major investment. In such, the tower itself will host a few microwave dishes to bring some of the other sites back in. Herb Kai: I am familiar with your Cherry Street address. Will it basically be a tower of that sort? Larry Hughes: Essentially, yes. It will be a little bit different design but about that. It will be a little bit shorter. Cherry Street, 1 think, is actually closer to 180 feet. Mike Reuwsaat: As you know, I am not a real big fan of towers. But, I think this is probably as good a location as can be, given the T.E.P. and so forth. A motion was made by Mike Reuwsaat, seconded by Vice Mayor Sutton, to approve Resolution No. 98-17. The motion carried 6/0. C. Resolution No. 98-04; La Mirage Estates - Request for Approval of a 508 Lot Single Family Detached Home Subdivision Preliminary Plat with a 9 - Hole Executive Golf Course on 138.27 Acres in a Portion of the North 1/2 of Section 26, Township 11 South, Range 11 East, Within the Rancho Marana Specific Plan Area. Applicant is ICON Consultants USA, Inc., 1870 W. Prince Road, Suite #11, Tucson, AZ 85705 Hurvie Davis: This item has been before you several times, previously (December 16, 1997 and January 20, 1998) at which time the Council had a number of concerns. Staff has been working with the developer and his consultants over several meetings. Hopefully, what we have come up with is a compromise at this stage of the development that will allow the preliminary plat to move forward if the Council so chooses to approve it this evening. There are various conditions that have been outlined with that approval. I must say that it is a very difficult project to deal with, in that it is the first project up in this part of Town. It is on the east side of the Interstate with a railroad and hardly any infrastructure in the area, which makes it very difficult. We have been working very positively with the developer and we MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL FEBRUARY 17, 1998 think what we have here is something reasonable and will be acceptable to the Council with the condition that will allow the preliminary plat to be approved. This will give us more time to work out the very difficult issues that have to be put in place prior to the final plat coming back for your approval. With that, I will ask Mr. Flannery if he has anything further. The applicant is here this evening to answer any questions you might have. Ed Honea: I am very happy with the progress that the applicant and staff have made on this project. I think we have made tremendous progress. It is becoming a viable project for our community. A motion was made by Ed Honea, seconded by Roxanne Ziegler, to approve the Draft Resolution No. 98-04 which has two sub parts to condition #10. The motion carried 7/0. Vice Mayor Sutton: I have a concern with item 10 on the resolution, itself. Prior to the occupancy of any dwelling unit in the project, there shall be subdivision covenant requiring at least one person occupying each dwelling unit to be 50 years of age or older. I don't know why we would require that. In the job I am in, I deal a lot with the Federal Fair Housing Act. I called the department today, and they said at best it is a gray area. If senior developments are even available, you can market that way. You are not supposed to use the words "adult," "family," "mature" or "no children." You are not supposed to discriminate. If we put this into a resolution, we are mandating and may be putting liability on ourselves to be in hot-water with HUD. I would like to remove that or to know what the logic was behind us requiring them to have that in the resolution. Hurvie Davis: It may be that the wording is incorrect. Mr. Hochuli may need a few minutes to think about this and maybe something like "age restricted," or whatever the current acceptable terminology is, could be substituted for "50 years of age or older." Basically, what we were doing is looking at the development, lot size and the absence of recreational facilities. If it is not an age restricted community then we are looking at children and so forth, larger families with small lots. We felt that was a Council concern, based on previous expressions of concern. I would say that, at one point in time, the developer was looking for an out. If he couldn't get the project certified for age restricted, then he would have to come back to the Council so he had a provision that is not in the resolution. I am not sure it is needed in there at this point in time. Item # 11 states, "The final plat shall reflect that one (1) acre near the clubhouse has been set aside for open space for recreation use." Dan Hochuli: On the resolution you are looking at, is condition #10 broken into subsections A and B? (No.) Madame Mayor, could I ask for a short recess, I thought the Council had been distributed a revised resolution. It appears some of you have not. If I could have a short recess to distribute that, I would appreciate it. Or, if you want to move on to the next item and come back to this, we could do that. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL FEBRUARY 17,1998 Mayor Harn excused Dan Hochuli and moved the meeting on to the next item. After item IX. D., Council continued on with item IX. C. Vice Mayor Sutton: This is not an answer to my question, or addresses. I do understand why he needed to get this to us. I pulled something from the Federal Fair Housing Act off of the Internet today, I would like to read it. I am not saying that is the type of property it should be with the smaller lots. I am saying that with us having it written in a resolution, I think we could be putting ourselves up for legal implications with the Federal Fair Housing Act. Working with the company that I do, they came down on us real hard with having some mistakes and having some printed material with us not mandating this act. It is very serious. I am going to read part of this to see if I can get my point across a little better. "To avoid both civil and criminal liability, obvious words should be avoided that denote any of the forbidden categories. Any words not so obvious have been interpreted, liberally, by the Courts to 'violate the categories."' Some of the words they are talking about, when you are setting up a community are: "adult," "family," "mature," "retired," "senior citizens," "older persons," "senior discount" and "restricted." If they want to market that way, that is up to them and they can do so. I know in advertising, you can not advertise for it unless you get some type of clearance for what you are talking about. When I called them and told them what we are contemplating, as far as the subdivision we are looking at having smaller lot sizes and it being better that way, they said it is "gray, at best." They could come down on us for having this there. I would suggest we remove the age restriction on it just to remove our liability from that part of the resolution. Dan Hochuli: Let me address the overall revised draft that has been placed before you and then I will get to the Vice Mayor's specific concerns, if that pleases the Council. There is a number of grammatical, typographical and style changes to the document, some of which don't change the content of the document. I would urge you to read the document specifically as we are talking. I would like to point out the significant differences, there are only a few. In item #1 it was rephrased somewhat to remove any specific provider, the old one provided for "consulting with PAST" and now it just says "consulting with the necessary consultants." That is a change that just makes it easier to deal with. The more significant changes occur on page two of your draft of the resolution, distributed to you this evening. A number of the restrictions deal with, for instance, #3. The old version said, "An approved waste water treatment plant would be completed prior to the issuance of building permits." The new one refers to "occupancy permits." The references in a few places have been changed from "building permits" to "occupancy permits." I don't think the change to that is significant, the concern is not that they build something, it is that something be occupied, such as a model home, or the like, that is for a dwelling unit. The other most significant changes are items 10 and 11. In the new item 11, the developer was agreeable to entering into a development agreement with the Town prior to the adoption of final plat. That anticipates part of the process. Part of what will be covered in that development agreement will be the kinds of issues that the Council has been talking about at the last two or three VA MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL FEBRUARY 17,1998 such as a model home, or the like, that is for a dwelling unit. The other most significant changes are items 10 and 11. In the new item 11, the developer was agreeable to entering into a development agreement with the Town prior to the adoption of final plat. That anticipates part of the process. Part of what will be covered in that development agreement will be the kinds of issues that the Council has been talking about at the last two or three meetings, when we discussed the alternate access and whether the Town will participate in that and whether other developers in the area will participate in that. For item #10, staff understood a concern and direction of the Council, at a previous meeting, that if the project was to be an adult only community, then additional recreation space was not necessary. However, if it was going to be family oriented, then additional recreation space was necessary so the kids weren't playing on the golf course. The developer suggested the language which we have incorporated into condition #10. That provides an alternative which we believe addresses that concern. It provides that either it will be an age restricted community or, if it is not, then there will be the additional recreation facilities. Regarding the Vice Mayor's comments in that regard, the Town can not be in hot-water for the resolution, it is the developer's problem. The Town does not have the authority to age restrict communities, even if we wanted to. Federal law does not permit us to do that. A developer can do that under certain conditions with certain restrictions. It gets more complicated every year, yet more of them get adopted every year as well. It is sort of passing the buck, but what I am saying is that it is the developer's problem. If the developer is unable to age restrict it and comes to the Council and says, "I can't age restrict it, under the law, but I am still going to market to seniors," then I would say, "Build your one acre recreational sites because we don't know if there is going to be kids there or not." Actually, I think all we are doing with condition 10A is stating that it is a developer's issue and if it is possible to age restrict then we don't need additional facilities. Vice Mayor Sutton: I am fine with that, thank you. D. Resolution No. 98-11: Adoption of "Viewshed Preservation Plan" Analysis I: Silverbell Road - Establishing Silverbell Road Within the Town Limits as a Designated View Corridor Hurvie Davis: It has been a couple of years since I started working on this. We have had a lot of interest in Silverbell being designated as a scenic corridor, or viewshed corridor. I am from the "old school" and I am not up to date on the new terminology. Certainly, as you go down Silverbell Road and look at the Tucson Mountains, it is a very scenic area. It is something that we are very proud of in our community. If we proceeded with the adoption of the viewshed preservation plan, hopefully, that would give us some guidelines and regulation of power to enable us to protect that viewshed. Not only those who are fortunate enough to have a house at the west end of any project will be able to see the mountains, but everyone who travels Silverbell and lives in the area or does business in the area will also be able to enjoy that view. It is something that I think would be an asset to the community, but there will probably be some downside to it, as well, with some I MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN *COUNCIL FEBRUARY 17,1998 We have had additional staff and time to be able to do this. As you can see, a lot of work went into this and a lot of research by staff, particularly Paul Sweum, Planner I, and an intern, Chad Hartley, who worked with us over the summer and up to January on several projects, including this one. They spent a number of hours in the field doing viewshed analysis. This is the first step toward the first designation of a viewshed corridor, or plan, in the Town. This is the basis, or the pilot, for other roads to be designated as such in the future, if the Council so wishes. There are specific criteria that are being developed, and are well under way for development, that will be coming to the Council and the Planning Commission in the next several months specifying what types of development criteria are within this viewshed. You may have noticed that it says, "The Viewshed Preservation Plan," which is named accordingly to umbrella all viewsheds (unlike the 'scenic route ordinance'). It is not confined to only scenic corridors. This is in order to think into the future even further, where we will have trails, scenic routes and parks, not just roads. There are a number of amenities, or recreational type facilities, in jurisdictions that you want to maintain as viewshed. The development criteria we are developing right now pertains mostly to roads and the viewsheds abutting the roads. However, we will in time, develop a viewshed criteria for parks and other types of trails that won't be too restrictive. As Mr. Davis mentioned, there will be some restriction in light of maintaining that corridor. We want to be very careful of which ones we choose to be corridors and which ones we don't. Staff recommends approval and if there is any question, I have all staff that has worked on this here tonight for any specific questions and answers. Ed Honea: Mr. Flannery, if land on both sides of Silverbell Road, in particular in the Town, already has specific plans or development plans, this would not supersede anything already in those plans as far as building heights or things of that nature? Jerry Flannery: Specific plans, in nature, as we have discussed in the past, are their own zoning and subdivision regulations. This, as an overlay, could supersede that. However, we want to evaluate that very clearly and that is why we want to make sure that our engineering and legal departments have had time to review the development standards that staff has developed. We have had this very conversation because, typically, when the specific plans have been approved, they have frozen ordinances in time. One thing we will need to discuss, when we get to the development standard stage, is if these standards will restrict development within the specific plans that have already been in place for whatever number of years. We will have to delve into that question more in depth when we come up with the development standard criteria. Mike Reuwsaat: Jerry, it is a good document and does a good job of setting a model for future analysis of other viewsheds. I think among members of the Council where the rubber is going to meet the road is where the actual strategies and restrictions come out. So, I would like to be kept up fairly early in the process where, as you are coming into final drafts, we can look at that and look at restrictions on existing and future development. I really want to be brought along. MINUTES OF REGULAR COUNCIL MEETING ' MARANA TOWN COUNCIL FEBRUARY 17,1998 Mike Reuwsaat: Jerry, it is a good document and does a good job of setting a model for future analysis of other viewsheds. I think among members of the Council where the rubber is going to meet the road is where the actual strategies and restrictions come out. So, I would like to be kept up fairly early in the process where, as you are coming into final drafts, we can look at that and look at restrictions on existing and future development. I really want to be brought along. Jerry Flannery: I hear you loud and clear. When the drafts go through the engineering and legal departments, you will be routed a copy immediately. Greg Wexler, SVP Properties, 1261 West Paint Brush Place, Tucson, AZ: I have read this and I think it is a very nice job. It is interesting but it does not really say what restrictions they want to put on the properties. It talks about viewsheds in areas that are sensitive. I am in agreement with the book as far as what they are talking about, but my question is what are they going to restrict on the properties we have in our specific plan and are already in motion for developing; for example, Cortaro/Silverbell? I have not been involved in any of the process. I think, as one of the major developers out there, we would like to be brought into the loop, as well. We could be part of the committee, if there is one. That way we could understand what is being put on these restrictions. We have been involved with scenic corridors in the City, the County and Oro Valley and typically, they are a nice idea but I haven't seen them work very well. Most of the streets in the City and the County are scenic routes and the development keeps on going. Oro Valley, if I remember correctly, has a scenic route ordinance that is very hard to live with. There is a very large set back as you build a taller building. In some areas it sterilizes a lot of property, primarily the property along Oracle Road, which is commercial property. I don't want to beleaguer this issue, but we have a lot of questions on what these restrictions are going to be. We would like to also be informed as early as possible. Jerry Flannery: Number one, any development that is in the Town prior to this code going through, speaking of the development code criteria and not this document, would be in place and not susceptible to restrictions. If restrictions were even applied, that is something that we need to clarify at the development stage, where we establish the criteria with our Town Attorney's office. The document for the development code that sets these restrictions will be available as soon as we finalize the draft in house. When we route it, everyone will have a chance to comment on it. These will be scheduled for Public Hearings at Planning Commission and the Town Council so there will be ample time for public discussion. More than likely, in these types of things, we have brought them before the Planning Commission and the Town Council as information first and action some time after that. There will be some time in the future for public comment, as well as your input. Vice Mayor Sutton: You just kind of summarized what I was going to ask you. This looks like one of those government things where you pass it and figure it out later. Are we being premature in approving this? Could we wait 10 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN +COUNCIL FEBRUARY 17,1998 that they wanted to recommend that this corridor be set as a scenic viewshed. Herb Kai: Do we have any problems, right now, as far as Silverbell Road? Are we getting flack from people, or are people complaining they don't like a particular project in the development? Do we have a problem that we need to be addressing directly? I hate to get bureaucracy on top of bureaucracy and create jobs. Jerry Flannery: I am not one to want to create bureaucracy, we were attempting to follow direction. I did not forget Council's direction, it just took my staff time, and getting staff on board to get this ball rolling, to get it to this point. To answer your question specifically, there have not been specific problems with Silverbell being a scenic corridor. As stated earlier, Continental Ranch has a scenic corridor established within the plan that is set back from Silverbell. Pima Farms, across the street from Continental Ranch, also has viewsheds and scenic corridor designation. The language and verbiage in that is a little bit weaker, so it is not as clear on the other side of the road. When development comes in, there are some that are looking at the west side of Silverbell that have not been established or built yet. If they are in house, they would be able to develop, as long as the criteria haven't been established yet. The question comes up whether this supersedes the specific plan. That is not a question that we have even posed to Mr. Hochuli and he has not had time to research it since we haven't asked him. Herb Kai: My personal opinion is that the Town is doing a good job in development along Silverbell Road. It seems like if we are having a problem, we should try to address it. I don't know if we want to get the cart before the horse. Jerry Flannery: Staff does not have a problem with a continuance on this until we bring back the viewshed criteria as a development code. We simply wanted to get this done and gave this as a staff priority because it had been floating out there for a long time. This is why it is in front of you tonight. If there is a desire to continue, we are certainly open to that and would not have a problem with it. Vice Mayor Sutton: I think the ball got rolling when we got this on. For several of us, including myself, the May 25, 1995 date was before I was even on. I think we do have the ball rolling and all of us have expressed some concerns. There are some people from the development community, as well as some residents, who might want to get on board and give their input. A motion was made by Vice Mayor Sutton, seconded by Herb Kai, to continue this item so it can be put in a package and we can approve it with conditions and criteria. The motion carried 6/0. Councilwoman Sherry Millner arrived, 7:45 PM. Sandy Groseclose arrived. Continued on with item IX. C. 11 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL FEBRUARY 17,1998 concerns. There are some people from the development community, as well as some residents, who might want to get on board and give their input. A motion was made by Vice Mayor Sutton, seconded by Herb Kai, to continue this item so it can be put in a package and we can approve it with conditions and criteria. The motion carried 6/0. Councilwoman Sherry Millner arrived, 7:45 PM. Sandy Groseclose arrived. Continued on with item IX. C. E. Resolution No. 98-16 - Selection of Partners for Strategic Action (PSA) as Town Consultant for the Arizona Department of Commerce State Development Fund -Capital Improvements Grant Hurvie Davis: We were awarded a $10,000 grant from the Department of Commerce to help us pay for our first Capital Improvement Program. Mr. Flannery has taken the lead on this and what we have before you this evening is the authorization to move with the consultant selection. I ask Mr. Flannery to give you a quick overview. Jerry Flannery: The Town did receive a grant of $10,000 from the Department of Commerce, whereby we are matching that amount. We were required to go along with a request for proposal process, whereby we did interview two submittals. They made presentations to myself, the Finance Director, the Principal Planner and an engineering representative from Collins Pina. Both were very qualified, however, one (Partners for Strategic Action) had a vast amount of experience in CIP's. We have only listed a few of them. They are partnering with Willdan Associates, who typically is their main competition for CIP's. Together, they are teaming up to do the Town's. Their are staff members on PSA that were part of the Department of Commerce staff when the legislation was originally written. In fact, one of the staff members, I believe, wrote the requirement. They are very knowledgeable. As Mr. Davis said, staff is asking for the contract to be designated for PSA and we will get on this as soon as Council gives us direction to. Mike Reuwsaat: This is a comment. I don't want to slow the process, but I do like the processes in developing. In particular, I like the citizen survey because I think it does a better job of finding out what the average citizen, as a consensus, really wants, rather than what a typical public hearing meets. If possible, I would like the park master plan contract to dove tail into this so that some of the recreation and park development issues are put onto the same survey instrument. That way we are not just held to a public hearing here and a community meeting, but we utilize that instrument to come up with a little more information so they can develop the Marana Park Master Plan. Jerry Flannery: The selection board, that consisted of the members I mentioned, completely agree with that. We, also, like the presentation of a 12 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL FEBRUARY 17,1998 survey. We felt that would precipitate much more into the community than public hearings because CIP public hearings don't get a lot of attendance, a lot of people don't know what it is. We felt this was a good approach, as well. A motion was made by Mike Reuwsaat, seconded by Vice Mayor Sutton, to approve Resolution No. 98-16, awarding Partners of Strategic Action, Inc. as Town Consultant for the State Development Fund - Capital Improvement Program Grant, pursuant to the staffs recommendations. The motion carried 7/0. F. State Legislative Matters - Discussion/Action/Direction Mayor Harn: This was a suggestion by Councilman Reuwsaat. I think it is a very appropriate suggestion. The Council should be made aware of the legislative issues that are before the State Legislature. These are put together for us by our lobbyist, which is the Association League of Cities and Towns. We will be having this item on the agenda on a monthly basis. Are there any matters that the Council would like to have. Mike Reuwsaat: Usually the blue sheet is the most critical matters that affect us. I would like to make a motion taking the League of Cities' position on the items in blue, in that those things be sent to our legislators, ASAP, before committee vote, full house, or senate vote. If it is not applicable, like the Hospitality tax being preempted, of course we don't have to do it. In particular the Electric Deregulation Bill and the Cable TV Hooks are really of concern in terms of what it does to our ability to regulate our own right-of- ways and easements. They are actually revenue reductions in our ability to raise funds for the Town of Marana. Herb Kai: I thought it might be appropriate, since we are on legislative matters, to have Brad DeSpain come forward and give the Council a briefing on two bills that are being presented. A particular senator and a bill regarding water withdraw from our aquifer. Number two would be the recharge water and the recharge areas that Marana is right in the middle of. Brad DeSpain: There are several bills, but these two bills have considerable concern to us, as a Town. Senator Day's bill probably has more concern with Avra Valley than it does the Town of Marana, although some of our aquifer recharge occurs from the Raleigh Wash and Avra Valley area into the Santa Cruz and the lower section of our town. That bill would allow a city, in particular the City of Tucson, the ability to withdraw water from that valley without it being determined that it was their service area. It would allow them to take aggregate their wells together in a specific location. The Jarvis decisions that were predecessors to the ground water bill required the City to retire agricultural land in the Avra Valley area. Then they were required to withdraw water from that land that was retired, they could not withdraw along Sandario Road or in a given area. That created some problems for them, as they got to studying to determine the cost of pipelines and such. Now they want to develop a well field of 28 wells in the mile wide Sandario area, where the recharge project is occurring. It can cause an area of influence of decline 13 MARANA TOWN COUNCIL FEBRUARY 17,1998 that could possibly create problems for Avra Water Coop or the other residents that live in the area. To start with, in the first few years, they are only going to withdraw 10,000 acre feet. They will be recharging in the neighborhood of 30,000. They will, eventually, recharge 30,000 per year in a ten year period. After the first ten years, they will withdraw 60,000 acre feet. One of the concerns we have discussed and we have met with the CMID, the City of Tucson (Dennis Ruhl), is some of the well designs. They are of greater concern to us than the recharge withdraw project because in the recharge areas they are going to talk and designing the wells so they are not perforated until they get to 500 feet. Then they are perforated from 500 feet to 1,200 feet (the bottom 700 feet). Recharge is not occurring in that area, recharge is occurring from where the recharge basins are down to the static water level is, now around 300 feet. They are really not going to be withdrawing recharge water. They do say that a cone of influence can be great enough to influence that. If they were really designing it with recovery of recharge water, they would perforate the top portion and leave the bottom portion blank where they weren't pumping the higher quality water from the lower aquifer. That bill is before committee in the morning. I talked with Michael Curtis, CMID, and his attorney, Bill Sullivan, monitors that closely. They will be in touch with us, Bob Condit, CMID, will be up at the committee meeting in the morning, as well as John Kai, Avra Valley Irrigation District. If additional help and support is needed, they call and I will usually run up and see what I can add to it. I personally feel it will come out of committee, Senator Day is committed to the City of Tucson to do that. She is also greatly concerned because the City of Tucson told her that everybody had been talked to and nobody had been talked to. Tucson, again, proceeded on their own basis, as they usually do, to do those things to their most benefit. However, we had a meeting with Dennis Ruhl last Tuesday and we will meet with Dennis and the City of Tucson next Tuesday (by we I mean CMID, Avra Water Coop, Avra Valley Irrigation and Drainage District and the Town of Marana) to talk about ways we can cooperate and perhaps change this bill so it will be amenable to all of us and we can support it. Whether that occurs or not, I don't know, but is a step in the right direction and we will be obtaining some cooperation from the City of Tucson that we have not had before. Herb Kai: I would like to add, before you leave, that I agree with you that impact would be minimal to the Town of Marana. However, the impact to Avra Valley Water Coop should be a major impact. I think Marana being in the water business, we have to support good wide ground water decisions. That is why the Town should make an effort to getting things going down the right way. Brad DeSpain: I totally agree with you and the southerly western boundaries of out Town, out by the high school, will eventually be affected by that. If we develop water in that area, our Palo Verde system could be affected by that. We do need to be involved and support those other water users in our area because there is a time when we are going to want their support. If it is good for the basin and the area, we need to be in support of it. 14 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL FEBRUARY 17,1998 Vice Mayor Sutton: Brad, with Hugh being our listed lobbyist and our water attorney, is he involved up there or is he keeping his eye on this? Brad DeSpain: Hugh has not been involved other than telephone conversations with me. He is tied up, somewhat, with his job and obligation to the City of Nogales. He did explain to me on Monday that that has changed and he is now on a retainer hourly basis with them instead of a contract. I don't know if that is actual, but that is what he said is occurring. I think our manager and assistant manager has been involved with that as much as anybody, along with our connection with CMID and the firm of Mike Curtis, in helping with some of that lobbying and such. Hugh could probably be involved more but it takes him longer to get there than it does me. Mayor Harn: Mr. DeSpain, would it be an advantage to fax a letter from the Mayor and Council to Ann Day's office. Brad DeSpain: I believe that would be very important and essential. I think the comment that Councilman Reuwsaat made that we can pick out some of these bills and have you write and sign a letter and then we can get it to the proper committee chairman. This would mean a lot to us. There is another bill that I will discuss in a few minutes that is probably of even more concern to me than any of these others, that is bill 1202. Mike Hein: On this I see two options. I am grateful that this item is on the agenda so we can take action like this in short order for items which may impact us. One of the things we can do is for the Council or the Manager's office to send a letter to the City of Tucson and copy Senator Day. This letter would express our concern that we do not know what is going on and we have tried to contact them but have not heard anything back through formal channels. Brad attended a meeting which was called at the last minute. The other option, as you said, is to send a letter directly to Senator Day. Either way the letter would include language that we have concerns since we are not exactly sure what the City has planned and we have not been approached previously. I, too, expect it to come out of committee. I don't know how far it will get afterwards, I certainly don't think it will get very far without an amendment. Friday, one of the things I do is sit on the State Water Resources Advisory Board, we will be discussing this item this as well. The State has a different position than maybe I do. That is what I would say is to instruct us to send a letter to the City of Tucson or Senator Day, or both. Brad DeSpain: I believe Mr. Davis wrote a letter to Mr. Gutierrez because I talked with Hurvie about it prior and believe he did correspond with him about this bill, did you not? Hurvie Davis: I contacted Mr. Gutierrez's office, City Manager of Tucson, when you were on your way up to Phoenix to appear before the committee to let City of Tucson know we were not aware of what was going on and that we were sending representatives up to represent our interests before the 15 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL FEBRUARY 17,1998 committee. I left that message with Mr. Gutierrez's office and he never returned my call. Mike Hein: If I could suggest a letter to Mr. Gutierrez from Mr. Davis and a letter from the Mayor to Senator Day stating that we have concerns about not knowing what is going on and our concerns involve quantity and quality issues in the aquifer. Mayor Harn: How early do you think that will come before the committee? Brad DeSpain: It is my understanding that will occur at 8:00 in the morning. That is when the committee convenes, whether that is the first item they have I don't know. Mr. Mike Curtis and Bill Sullivan will be involved. Mayor Harn: I would think we need to have it to Senator Day's office at about 7:30 AM. We have got to get it to her office before she goes into committee, otherwise she won't see it. Brad DeSpain: I spent some considerable time when we were up there the last week in January with Trico Electrical Coop on legislative rally on the electrical deregulation bill. I had the opportunity to talk with Senator Day about the bill and I talked to her about our concerns. I think a follow up would certainly ring a bell with her that we are still and concerned and gravely more concerned. Ed Honea: The City of Tucson had been talking Wong Farms about putting a recharge project at Avra Valley and the canal, at one time. They were talking about buying some land there and doing some recharge. If we allow something like this bill to go through, it is going to render our assured water supply worthless. What they will do is recharge in the center of town. They drill their wells down to 1200 feet and pump the good water and our citizens are going to end up drinking CAP water. Also, last meeting, I asked that the Town prepare an ordinance that disallows the pumping of water out of the Town of Marana for use in another municipality. Since we have a State assured water supply, that may give us some grounds to do that. I think we need to, pretty quickly, put something like that together to try to protect us. They are looking at doing some of those recharge projects in our community, as well. It might be in the Valley now, but we could be next. Brad DeSpain: In my conversation with Mr. Holub yesterday morning, he is to draft and have for us an ordinance by Friday that deals with storage and recovery permits and fees within the town boundaries of Marana. He has had it together for awhile but he just hadn't finished it up. He did commit to me that he would try to do that and we will follow up with that. If not, I vowed that I would be on his doorstep until we got it. I think it is very essential. This senate bill 1202 that I was talking about, being introduced by Senator Conner, talks about that relating to underground water storage, savings and replenishment. What that bill will do, unless we are through with senate bill that dealt with Senator Day, is allow another municipality to come into another municipality and withdraw water if they have recharged their. This a 16 graver concern to me and is the point that Councilman Honea is making, I think. We certainly need to get a letter to Senator Conner that we do oppose this senate bill, 1202. It has been drifting along fairly quiet, kind of unnoticed, but it was called to our attention by Mike Curtis and Assistant Manager Mike Hein that this thing was servicing. The other part that really bothers me is that it gives the water director, the State director, the power to supersede you as a town or a municipality of allowing that to happen. That gravely concerns me. We might be fairly safe with Rita Pearson, she is pretty practical and understands, but we never know who the next one might be. If that occurs, we could really be in trouble. I think we really need to oppose Senate Bill 1202. As I understand it, that is proposed by the City of Tucson. That would cover some of the in lieu recharge on the Wong property and any other recharge that they are going to participate in. Sahuarita has the same problem with the Pima Mine Road Recharge Project. Mayor Harn: When does that go through? Brad DeSpain: I don't know when it is being heard. I can find out. I have depended on my association with Mike Curtis to help watch these things and let us know when they are coming and if they are going to come out of committee or go to committee for hearing. I will talk to him tonight when I get home and he will let me know what all is on the agenda tomorrow morning. Mayor Harn: If the Council wishes, we will address that Brad DeSpain: There are several other bills that deal with water. If you would like to take time I can quickly cover them. There is always a water bill called the omnibus water bill and that is what everybody is supposed to be in agreement with and that is basically being pushed by the Department of Water Resources. I don't think there is much involved that would affect us. It deals mostly with Colorado River water and they are trying to tighten some loop holes where even private water companies within a service area of a town would have to contract for CAP water from that municipality as a renewable resource so they can get an assured water supply. Where they are going is that eventually they are going to have everybody serving CAP water direct. They want to create an atmosphere, or a code, where it shows that the State of Arizona is diligently trying to utilize all our Colorado River water, to protect it from Nevada and California. I don't see a problem with that, there may be something in there that I don't understand. Again, we have relied a lot on the water attorneys from irrigation districts (E.D. and I.D.) and CMID to cover that. 1202 has been covered. Senate bill 1266 deals with back flow control for DEQ. That affects the town water department. I don't think there is anything bad in there but that is going to require the public water system to implement a program to control contamination from back flow, back siphoning and cross -contamination of potable water. We are on a process of that now. The only customer we have that that would affect is the print shop here in town. They do have an air gap between their water system and the potable water system so that we don't have to have a back flow prevention on that. As we go along we will to do that. Your sprinkler system, here at Town, has back flow preventers on it and we will have them on the 17 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL FEBRUARY 17,1998 park to prevent any possibility of irrigation water being sucked back into the system and contaminating it. Senate Bill 1289, Appropriations for Small Water Systems, says for any water system, even public water systems, serving less than 10,000 persons there is an appropriation of $600,000 to do the centralized monitoring program where they are going to do our water quality testing. The State DEQ will do that and we have to pay to have it done, but there is a $600,000 appropriation to get that started. They are toying with an idea that it may end up costing us $4.20 per customer in order for them to handle all of those phase Il, phase V and water quality tests they are going to have to do. They will let us know as this goes along but we will probably have to budget for that next year or the following year to cover those costs. I believe that is everything that deals with the water. I apologize for taking some time, unless Mr. Hein has something else I need to cover. Vice Mayor Sutton: I wanted Mike, or whomever can, to come in on where that annexation bill is that we were working on last week. Mike Hein: There are several annexation incorporation bills all over, being merged and changed. The one the Vice Mayor is discussing is actually the annexation bill. Many people are overlooking that because it doesn't have the word "incorporation" but some of them end in the same result. The last thing I heard is that the annexation bill would be held some more and I have heard, again, that it is not really going any place. There are some other incorporation bills that are moving forward which may indirectly impact us. Obviously the annexation bill would greatly impact us because it would limit our ability to annex areas next to occupied residential. It was very strangely written, it was written by a layperson, really, and submitted. The League and some other communities have been very actively involved. I think even Showlow and some other communities have actually gone to the hearings and had it held over. Vice Mayor Sutton: Correct me if you know differently, but I understand that Tucson has voiced strong opposition to it and the reason it was held is that it is at a 4/4 vote in the committee it was in and they are trying to get it pushed to another committee. That is one that I am trying to stay abreast of and I know that you are too. I know there are a lot of incorporations but there is one with 10 amendments on it already. They are really getting convoluted up there so I would like to be kept aware of what is going on with those. Mike Hein: The committee that it was in, Hartkin, was supposedly the most friendly to issues like that. So, there are certainly some issues and some key members have changed their perspective. There has been some recent newspaper articles talking about that as well. We are trying to follow them as best we can. Unfortunately, some of the information comes to us after the fact because we don't have anybody really up there. Brad has been a tremendous asset to the Town. I am supposed to be in the loop on a lot of the water legislation and he has heard it prior to me. There has also been members of the community who have calling me at home and other places saying, "Hey, did you know about this one?" And I have to say, "No I didn't." It is a big year. I appreciate, again, having this on the agenda and giving us 18 direction allows a little more latitude and legitimacy as we approach legislators explaining that our Council has already discussed it and taken a somewhat formal action. Mayor Harn: If there is nothing more on that then we will go to item G. G. Pima Association of Governments Regional Council Meeting Agenda - Review for Discussion and Direction Roxanne Ziegler: Mr. Davis, on the Air Quality update, does that have to do with vapor recovery? Hurvie Davis: Yes, that is correct. As kind of an update to the management committee, I did miss the management committee meeting this past week due to an emergency. I did talk to Mr. Tom Swanson, PAG, for an update to where we are. I think I may have mentioned to the Council that the PAG Regional Council will be acting on the Phase II Vapor Recovery on the 25`h of March at the PAG Regional Council meeting . It will be scheduled for this Mayor and Council one week prior to that for your action so you can direct Mayor Harn to vote whichever way the Council wishes to vote. Roxanne Ziegler: That is what I wanted to know. I want to make sure that we vote "no." Hurvie Davis: We tentatively have it scheduled to come before you on March 17f°, one week before the PAG Regional Council meeting on March 25th. Mayor Harn: In the agenda meeting, we decided to put it a week in advance so we were not the first out there, we wanted to see what other communities were going to do. Hurvie Davis: Item 12 is Supervisor Boyd's request to PAG. Chairman of the Pima County Board of Supervisors, Mike Boyd, sent a memorandum to Tom Swanson date January 201h and reads as follows: Would you be able to prepare a presentation for the Board of Supervisors' February 241h meeting that tells of the projected population growth of Pima County by 2020 and where that growth is likely to occur. Please include, with that information, the anticipated infrastructure cost for the growth anticipated and what are the anticipated revenues to local jurisdictions of that growth. That in itself is a monumental task, needless to say. Mr. Swanson responded and basically said the only thing they have anywhere along those lines is information relative to the metropolitan transportation plan and they will be glad to share that information with the County Administrator's office. You have probably read about that in the paper, setting urban growth boundaries. That may or may not have some significant consequences for the Town of Marana. With that, I don't think their was anything significant on the agenda, other than the Title IV, Social Services Title 20 Plan, and the issue that we dealt with last year. Apparently this year, we don't have that problem, we are following the committee's recommendation and so forth. 19 Mayor Harn: I belong to the committee that does the social service planning for the PAG Regional Council. For a number of years the planning commission for social services has just kind of went along every year and approved the same old plan. That wasn't too bad when there was new moneys coming down from the Feds for new projects and increases. Those moneys have kind of dried up and the committee has looked at every program very carefully and tried to cut back in areas where they thought the money was not being put to the best use and made increases in some areas. While you make changes to any kind plan, like that, you affect some agencies dollars that they have coming in. It often gets very controversial. Last year we had a political figure in our community come to a regular PAG Regional Council, move off the appointed member and put together a process which deleted the changes that the planning commission for social services approved. We are trying to make sure that doesn't happen again this year. That committee works very hard and spends a lot of time studying these issues and members of the PAG Regional Council probably have very little understanding of this. 1, personally this time, will try to get out and talk to some of the Regional members and see if I can't get a few licks in advance. Hurvie Davis: I would like to make one more comment relative to item 14, Metropolitan Transportation Plan Update, This morning I met with Mr. Swanson, instead of with PAG, the tentative adoption for the new metropolitan transportation plan will be scheduled for some time in May by the PAG Regional Council and towards the end of March it is PAG's desire to get together as a quorum with all of the elected officials from all of the jurisdictions in this region and bring everyone update and get their input on the transportation plan. Hopefully, we can go forward to adopt a transportation plan and move forward with that transportation plan, rather than putting it up on a shelf, like we have done most metropolitan transportation plans. We do make some progress but for the most part we have always been under funded and what we looked at in projection of 20 years will never become a reality. It is simply a shortfall of revenues to fund it and the divisiveness on the transportation plan. As many of you know, the %2 cent sales tax for transportation in Pima County has been defeated several times by the voters because we have different community leaders saying different things through out the Valley. We need to come together. Hopefully, this quorum in March will be a giant step toward bringing together that consensus they need. With that, I don't think there is anything further that is really significant here. H. EXECUTIVE SESSION - Pursuant to A.R.S. 38-431.01 (A)(4) for Discussion and Consultation with the Town Attorney to Consider the Town's Position and Instruct its Attorney Regarding Li'l Abners A motion was made by Vice Mayor Sutton, seconded by Ed Honea, to go into Executive Session after a five minute recess. The motion carried 710. I. Possible Action - Town's Position Regarding Li'l Abners 20 A motion was made by Vice Mayor Sutton, seconded by Mike Reuwsaat, to continue this item indefinitely, until our attorney brings us back the information we requested. The motion carried 610. Councilwoman Millner was not present for the vote. Sherry Millner: I met with Tucson Council Member, Shirley Scott, and her new aid last Friday for lunch and we discussed the upcoming National League of Cities and Towns that I will be attending. I guess most of their council is going so it should be a real good information time. Today, a few of us went to Phoenix for the Peter Low Success Seminar. It was pretty good and 1 think it is something that 1 think everyone needs to be motivated on. The speakers they had were very good and I look forward to it again next year. Roxanne Ziegler: The reason I asked about that vapor recovery is I called Jackie Gladden, who gave us a letter in our packet. I got back to her and told her we were going to suggest that the Mayor carry the message that we are not for vapor recovery. She was happy to hear that since she owns the Exxon up here. Dick Gear did some real nice reporting here. I informed Dick Gear that there could be a high tech company wanting to come to Marana. I just happened to start working for them yesterday. They are looking to move to Marana, they are in Oro Valley right now, and Dick Gear is working on it. They are looking down by Catalina Coatings and some other places. The BAC is getting a new member, Mr. John Rodriguez. He is the new Foothills Environments, Inc., here in Marana. We wants to come onto the BAC so we will probably be bringing him before you. I think he would be good. At the Continental Ranch Homeowners Association meeting, one of my favorite meetings with Tim, the Town of Marana's name was used in vain. The parking there is atrocious, about 10 parking places for 1400 people. They have been talking for the eight years I have been out there about building a parking lot right beside the center. That land is owned by the Mormon Church and for the last two years we have been trying to get SVP and Del Webb to do an exchange of land. Mayor Harn: I want to thank everybody for being so kind about the situation with my son and he is finally home and trying to pull the pieces of his life back together again. I thank you all for being so kind. I want to thank the Vice Mayor for taking charge and doing a good job of it. I pledge that I will again take on my duties and not try to lay them off on someone else and begin to live again. Vice Mayor Sutton: A couple of weeks ago I had the extreme pleasure, although the weather was rather yucky, of meeting with Mike Hein and Jerry Flannery along with PGA Player of the Year for last year, Tom Lamen, up at the Gallery Course. They had a little bit of a press conference. Only one writer came to try the elements but we got to talk with Tom a little bit and see their excitement about the course that they are doing up there and what type of mark it is going to do for the Town. It is going to help us with our 21 furthering endeavor to improve and enhance our public image of what is in Marana. It is a real big step for us and they are real proud. I even catch myself sometimes saying we are going to be the best course anywhere in Tucson and without a second pause I say Marana. We will get Tom Lamen on ESPN saying that the number one course next year will be in Marana and we will tape that and play it over and over. After that I met with Duff Huron, a member of the Executive Board on GTEC (I think he is stepping down), and he is another friend of ours and he will let us know when bills at the legislature have an affect on us. If it has an affect on GTEC, with the tax bill they are trying put through, it really mean some nice things for us. If they get the tax structure they are trying for, it puts Arizona in a bigger circle and without us having a property tax, it makes us look that much better. Anything they get for Tucson helps Tucson a lot and helps us even more. He is a good friend to have in GTEC and in Duff. I got to read a book to some Kindergartners at Estes Elementary School. All I can say is be sure of what ask and the question that you ask because they will answer you. It was amazing to see the lights going off in those kids' head. I had a great time doing it but you ask one question and there are eighteen different answers and everyone is trying to talk louder than the next person. I had a great time and advise anyone to do it. It can remind you, and it forewarned me of when my kids are closely approaching that age. It was quite entertaining for myself as well. I met with Mr. Rossi, who continues to be a friend of the Town, and he has some conflict with some of the bills that are at the legislature but he will still let us know what is going on. I bent his ear a little bit to see how the annexation and incorporation bills were going. He could not take a position on them because of different clients he has being on one or both sides of those bills. He continues to be a friend of ours and if there is general information we need to know he is there for us. Ed Honea: I met with Dave Atler to discuss the Senior Center that will be built as part of a bigger complex at the park, in expanding our recreational facilities. That is a pet project of mine and 1 am trying to push it along. It seems to be going really well and I am pleased with the overall picture of the expansion of the park, with the Senior Center in particular. Council member Ziegler and I met with the Water Committee last week and we have a really good water committee. The people are very knowledgeable and interested in the community. We have a really good cross section of people from all over the area and they show up. The meeting went real well. We talked about Logan Hills Water Company and Diamond Estates. I don't know whatever happened with that but the water committee was interested but they weren't going to give the farm away. They have some good people who really are concerned about our community. It is very eye opening meeting to go to and I enjoyed it a lot. Roxanne Ziegler: I wanted to say something about the monuments. Has anyone seen them? Down in Continental Ranch they used to have those signs, they have the monuments up now and they look very nice. It has all of the builders listed on it and there are about three of them now instead of twenty signs. 22 X. FEBRUARY 17,1998 Ed Honea: The Chamber has a new sign. It is a very attractive sign, it is very well done. Drive by and take a look at it. You can almost read the sign from 1-10. Hurvie Davis: I had another meeting with the Abrahms, Harold and Jerry, who operate over at the Avra Valley Airport. I went down to their manufacturing facility on Romero Road and continued our discussion about the airport operation and so forth for the Town. I had a tour of the facility and it was very impressive. It is a first class operation. I believe we have them scheduled to come before the Council during the first meeting in March to make a presentation and address the Council regarding the airport operations. The progress on the I-10/Cortaro interchange has been slowed, delayed, because of the wet weather we have been having. By the time it dries out, it rains again. That is probably going to be running about a month late on the schedule that they originally anticipated. I know a number of you have been concerned with Lon Adams Road. I have been after staff with the problems we have had over there with standing water. Supposedly, the project was designed to allow the water to flow but it was not constructed properly at the driveways. Instead of being swelled they have a crown on them. Obviously, we can't get in to correct that until the weather dries up the ground. I did have the crew go down to Grier Road, today, to shovel out the little trench from the little school driveways down to Grier Road because it was just dirt piled up between the furthest driveway (the closest one to Grier) and the ditch at Grier so they opened up a little drain to run some of that water off. We will be getting on that soon, if weather permits. I have some bad news and some good news. The bad news is that our January sales tax was up 14% over our budget estimates. The good news is that our building and development fees are up 67% over our budget estimates. FUTURE AGENDA ITEMS Mike Reuwsaat: I would like to see any grant application that goes out on behalf of the Town come preliminary before the Council for resolution of approval and support to go with the grant application. That way we know what is going out and being requested on our behalf. That is typical for just about every place I have been. It also adds some weight to the grant application. The second thing is, in reading through and working on the Community Facilities Districts I would like an opportunity to meet with Mr. Hein and our bond attorney, who kind of wrote the book on it, and look at it. There are a couple of issues that we need to have resolved but I believe that if things would work out, a Community Facilities District and this Council sitting as the Board would have the ability to levy the advalorem for operation and maintenance of new developments. This would provide us revenue sources specific to those areas to maintain the roads, water, infrastructure, parks, etc. that we don't have now in the entire community because all we have is retail tax. There are some legal issues we need to look at. It is something that is in some discussion with some of the developers in the community that they are amenable to. As soon as we make sure that it is viable or if there are some hitches, I would like to bring it in as a workshop to the 23 Council and look at it as an ongoing revenue source or potential for new development in Marana. Mayor Harn: The first Community Facilities District in the State was in Marana. Vice Mayor Sutton: Hurvie, do we put revision dates and times when we change a blue sheet on agenda item. I did not see one today on item C and 1 had two agenda items sitting in front of me at the same time. Unless 1 missed it, there wasn't a date on it and I wasn't sure which one was correct. Hurvie Davis: We do that as a matter of routine Vice Mayor Sutton: From some issues we talked about tonight, and an issue we had last year, I don't know if it is time for us to have a lobbyist but it is time for us to figure out a way not to have to rely on people we know to tell us about bills that affect us. I think it is time for us to start looking at, if not a lobbyist, someone that is already up there that we can possibly retain to let us know when something could affect us. 1 know that the League does that to an extent. Maybe we could look into it and see what our options are, it does not have to be an agenda item. With Mike's workshop and a bunch of the issues we are facing right now, 1 hadn't heard any word of a retreat and I was wondering if we were planning one of those for this year or not. Sherry Millner: I have been talking with Kim Holloway, Principal of the Alternative Schools. Evidently, we have quite a few homeless teenagers that live out here and 1 am finding out that teachers are paying their own money to clothe some of these children and provide transportation so they can go to school. I don't know where they are living but I was wondering if the Town could possibly help out somewhat. I am willing to give $50 a month to the school so they can provide clothing for these children. Because we have about 14 children that are homeless, in Marana alone, where are they sleeping? 1 know they could use some low income housing, like Tucson does, and I don't know if there is anything in Marana that we might be able to help with. I thought maybe we could check into that. I told her I would help her out. Ed Honea: We had given direction to staff to start working on these developer requirements for specific plans, which 1 think we should do away with, and development plans and things of that nature. If that flood protection goes in within the next year, like they say it is, and with all of the trouble they are having with the Pigmy Owl, the Pineapple Cactus and the snail, this farmland between Continental Ranch and this Town Hall is just going to go crazy. If we don't get some of these developments drawn out, we are going to fight them one at a time, just like we did with La Mirage and all of the others. I don't know, has staff done any of the preliminaries to start putting this thing together yet? 1 would like to see something on that. Another thing, which was covered by Mr. Despain in his discussion about some of the things that are in front of the legislature, I would like to see this ordinance for not allowing pumping for another municipality out of our municipality (or some regulation) by the next meeting. I think it is serious enough that maybe we would want to get an ordinance passed prior to the State Legislature taking any actions. I think that could be a point of law, on how we 24 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL are doing with that. The third thing is, I have been talking with our acting Post Master (we do have a new Post Master, the Post Master from Coolidge is coming to Marana) and on March 25' he said Dick Gear was going to be meeting with George Lopez who is the senior postal officials out of Phoenix, along with Felix Guerrero and Jim Volpe, out of Tucson, to talk about the Cortaro Post Office. I have complete confidence in Mr. Gear and like him a lot but I think maybe we should have the Mayor and the Manager, and maybe even a little dinner or something when Mr. Lopez comes down here. He makes the decision. He made the decision that Heritage Highland area/Dove Mountain area would be Marana mailing. He alone makes that decision. This is a tremendous, tremendous opportunity that he is coming down here and is going to meet with Mr. Gear. I think we should take it even further and that the Mayor and Manager should be involved and we should be completely prepared with maps of our town and some things we can show them about the location of the Post Office. He is the gentleman that can say, "Yes, I can see that this needs to be a Marana Post Office." Basically, he can make that decision. It is very, very important and I think it is March 25`". The meeting is already scheduled but maybe we could expand it. He is such an important individual in what we are trying to accomplish that if we have maps and figures that show how many people live here and where we are and what we want to do, and looks like we are really prepared and know what we are talking about, it could have a very big influence on Mr. Lopez. XI. ADJOURNMENT A motion was made by Vice Mayor Sutton, seconded by Mike Reuwsaat, to adjourn. The motion passed 7/0. I hereby certify that the foregoing minutes are the true and correct minutes of the Marana Town Council held on February 17, 1998. 1 further certify that a quorum was present. 25